Lawyers for former Secaucus Mayor Dennis Elwell take a poke at his conviction

Lawyers for former Secaucus Mayor Dennis Elwell, who was convicted by a jury in July on a bribery charge, argued in federal court Monday that he should be acquitted of that charge or be afforded a new trial because of prosecutorial misconduct and other issues.

A jury convicted him of accepting a corrupt $10,000 payment from federal informant Solomon Dwek in exchange for assisting Dwek with a purported real estate scheme. Elwell was acquitted of two extortion charges.

The former mayor’s attorneys argued Monday in front of Judge Jose Linares that federal prosecutors made several legal missteps during the 10-day trial that included drawing connections between Elwell and corrupt Hudson County politicians, casting aspersions on Elwell’s character because of a bail violation and telling jurors that Elwell appeared to look to his attorneys for answers during his testimony.

Defense attorney Jeffrey G. Garrigan, who Monday repeatedly called the jury’s verdict a “close call,” said any one of those charges is cause enough for a new trial.

“Anything the government did that was improper could have tipped the scales,” he said.

Maureen Nakly and Eric Kanefsky, the assistant U.S. attorneys who prosecuted the case, defended their actions. None of Garrigan’s accusations of misconduct rises to a level that would necessitate a new trial, they argued.

“We proved a quid pro quo,” said Nakly. “The evidence in this case was overwhelming . . . the defendant got a very fair trial.”

Linares will issue a written opinion on the defense’s motions, but the defense attorneys Garrigan and Thomas Cammarata said after the hearing that they didn’t want to guess how long it would take.

They conceded Elwell faces an “uphill battle,” but said they are hoping for a win.

“There was not overwhelming evidence. This was a very close call,” Cammarata said.

Elwell faces 10 years in prison for the bribery conviction. His sentencing is scheduled for Nov. 15.